Resolution 2014-35RESOLUTION NO. 2014-35
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF GILROY APPROVING TENTATIVE MAP TM 13 -09,
CREATING 67 SINGLE - FAMILY RESIDENTIAL LOTS, 6.5
ACRES OF PASSIVE AND RECREATIONAL OPEN SPACE
AND 14.3 ACRES OF AGRICULTURAL LAND ON A 34
ACRE PARCEL LOCATED WITHIN THE HECKER PASS
SPECIFIC PLAN, WEST RESIDENTIAL CLUSTER, APN
810- 20 -015, GILROY INVESTORS, LP, APPLICANT
WHEREAS, Gilroy Investors, LP submitted an application requesting a tentative map to
subdivide an approximate 34 -acre site into 67 single - family residential lots, 6.5 acres of passive
and recreational open space and 14.3 acres of land for agricultural production ( "TM 13 -09 "); and
WHEREAS, the subject property is located within the West Residential Cluster of the
Hecker Pass Specific Plan; and
WHEREAS, TM 13 -09 was referred to the Technical Advisory Committee, City
departments and various public utility companies for recommendations; and
WHEREAS, the Planning Commission held a duly noticed public hearing on May 1,
2014, at which time the Planning Commission considered the public testimony, the staff report
dated May 1, 2014 ( "Planning Commission Staff Report"), and all other documentation related
to TM 13 -09, and recommended that the City Council approve said application with 105
conditions; and
WHEREAS, the City Council held a duly noticed public hearing on June 16, 2014, and
considered the public testimony, the Planning Commission Staff Report, a supplemental staff
report dated June 16, 2014 ( "City Council Staff Report"), and all other documentation related to
application TM 13 -09 and requested City Staff to prepare resolutions of approval for TM 13 -09;
and
WHEREAS, the City Council finds that TM 13 -09 conforms to the City's
General Plan and elements thereof, including the Hecker Pass Specific Plan; and
RESOLUTION NO. 2014-35
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WHEREAS, a final environmental impact report has been certified for the Hecker
Pass Specific Plan, and TM 13 -09 is consistent with that specific plan, and therefore, no further
environmental analysis is required by the California Environmental Quality Act;
WHEREAS, a mitigation monitoring and reporting plan was prepared, consistent with the
certified Hecker Pass Specific Plan EIR; and
NOW, THEREFORE BE IT RESOLVED THAT:
SECTION I
The City Council hereby finds as follows:
1. TM 13 -09 is generally consistent with the intent of the goals and policies of the Hecker
Pass Specific Plan.
2. TM 13 -09 is generally consistent with the intent of the goals and policies of the City's
General Plan.
3. TM 13 -09 is consistent with the Zoning Ordinance and the City's Subdivision and Land
Development Code, and the State Subdivision Map Act.
4. Public utilities and infrastructure improvements needed in order to serve TM 13 -09 are in
close proximity.
5. There will be no significant environmental impacts as a result of TM 13 -09 due to the
required mitigation measures to be applied, with two exceptions: cumulative air quality
impacts and loss of availability of mineral resources. The City Council adopted required
findings and a statement of overriding considerations when they adopted the Hecker Pass
Specific Plan in 2006. In accordance with CEQA Guidelines section 15182, Residential
Development Pursuant to a Specific Plan, no further environmental review is necessary.
6. The applicant agrees with the necessity of and accepts all elements, requirements, and
conditions of this resolution as being a reasonable manner of preserving, protecting,
providing for, and fostering the health, safety, and welfare of the citizenry in general and
the persons who work, visit or live in this subdivision in particular.
SECTION II
RESOLUTION NO. 2014-35
4837,W342670
JH104706089
The City Council of the City of Gilroy hereby approves TM 13 -09, subject to the
conditions of approval set forth in Exhibit "A" attached hereto.
SECTION III
This Resolution shall take effect only if, and upon the same date that Resolution 2014 -36
takes effect approving Architectural and Site application A/S 13 -27. If said Resolution does not
take effect, this this Resolution shall be null and void without further action by the City Council,
and application TM 13 -09 shall be deemed denied.
PASSED AND ADOPTED this 1St day of July, 2014 by the following roll call vote:
AYES: COUNCILMEMBERS: ARELLANO, AULMAN, BRACCO,
LEROE- MUNOZ, TUCKER, WOODWARD and GAGE
NOES: COUNCILMEMBERS: NONE
ABSENT: COUNCILMEMBERS: NONE
APPROVED:
11W•
onald Gage, Mayor
A TTTL'IT
RESOLUTION NO. 2014-35
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JH104706089
EXHIBIT A
CONDITIONS OF APPROVAL
TM 13 -09
1. The Final Map shall comply with the Tentative Map prepared by Ruggeri- Jensen -Azar,
dated October 9, 2013 and revised most recently on March 3, 2014, and stamped approved,
except as modified by the City Council's approval of this application and the conditions of
approval.
2. Approval of TM 13 -09 is subject to the applicant receiving approval of Architectural & Site
Review application AS 13 -27.
3. The applicant shall defend, indemnify, and hold harmless the City, its City Council, Planning
Commission, agents, officers, and employees from any claim, action, or proceeding against
the City or its City Council, Planning Commission, agents, officers, and employees to attack,
set aside, void, or annul an approval of the City, City Council, Planning Commission, or
other board, advisory agency, or legislative body concerning this subdivision. City will
promptly notify the subdivider of any claim, action, or proceeding against it, and will
cooperate fully in the defense. This condition is imposed pursuant to California Government
Code Section 66474.9.
4. No building permit shall be issued in connection with this project if the owner or developer
of such development (i) is not in compliance with the City's Residential Development
Ordinance (City Zoning Ordinance Sections 50.60 et seq.) referred to as the RDO, any
conditions of approval issued in connection with such development, or other City
requirements applicable to such development; or (ii) is in default under any agreement
entered into with the City in connection with such development pursuant to the RDO. The
project must also comply with any condition of exemption granted from the RDO, including
but not limited to time limits in obtaining City approvals and completion of construction of
the dwelling units.
5. All mitigation measures as identified in the EIR are applicable to the project and must be
adhered to and implemented.
6. All future development within the specific plan area shall implement the following
conditions to minimize disturbance to potentially significant cultural resources. Each of the
following shall be made a condition of approval for grading and Building Permits:
a. Developers of each project within the specific plan area shall contract with a
qualified archaeologist to provide an archeological site assessment to determine
the need for monitoring during grading and excavation activities.
b. If cultural resources are discovered during construction, work shall be halted at a
minimum of 165 feet (50 meters) from the find and the area shall be staked off.
The monitoring professional archaeologist, if one is on site, shall be notified. If a
monitoring professional archaeologist is not on -site, the city shall be notified
immediately and a qualified professional archaeologist shall be retained. If the
find is determined to be significant, appropriate mitigation measures shall be
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formulated by the professional archaeologist and implemented by the responsible
parry. (Mitigation Monitoring Program)
Substantiation of compliance with this condition shall be submitted to and approved by the
Planning Division prior to issuance of a grading permit for the project.
7. If human remains are found during construction there shall be no further excavation or
disturbance of the site or any nearby area reasonably suspected to overlie adjacent human
remains until the Gilroy Police Department contacts the coroner of Santa Clara County to
determine that no investigation of the cause of death is required. If the coroner determines the
remains to be Native American the coroner shall contact the Native American Heritage
Commission within 24 hours. The Native American Heritage Commission shall identify the
person or persons it believes to be the most likely descendent (MLD) from the deceased
Native American. The MLD may then make recommendations to the landowner or the
person responsible for the excavation work, for means of treating or disposing of, with
appropriate dignity, the human remains and associated grave goods as provided in Public
Resources Code Section 5097.98. The landowner or his authorized representative shall
rebury the Native American human remains and associated grave goods with appropriate
dignity on the property in a location not subject to further disturbance if. a) the Native
American Heritage Commission is unable to identify a MLD or the MLD failed to make a
recommendation within 24 hours after being notified by the commission; b) the descendent
identified fails to make a recommendation; or c) the landowner or his authorized
representative rejects the recommendation of the descendent, and the mediation by the Native
American Heritage Commission fails to provide measures acceptable to the landowner.
The project shall comply with all relevant provisions of the Santa Clara Valley Habitat
Conservation Plan.
9. A Habitat Mitigation Plan shall be required for the loss of any habitat within the Uvas Creek
corridor as a result of the development of the project. Said Plan shall be prepared by a
qualified biologist and identify the exact amount and location of impacted and replacement
habitat. Replacement vegetation shall be locally obtained native riparian species. Any loss
of riparian woodland vegetation should be mitigated on -site, when possible, at a minimum of
3:1 replacement ratio, unless otherwise determined by the Department of Fish and Game and
the City. The Plan shall be submitted and approved prior to recordation of the final
subdivision map.
10. Prior to issuance of a grading permit for recreational improvements in or adjacent to the Uvas
Creek riparian corridor, or construction adjacent to grassland habitat, a qualified biologist
shall be retained to inform workers of potential presence of the special- status species, their
protected status, work boundaries, and measure to be implemented to avoid loss of these
species during construction activities. (HPSP Policies 5 -40 & 51).
11. For any recreational improvements proposed in or adjacent to the Uvas Creek riparian
corridor, which contains potential habitat for California tiger salamander, western spadefoot
toad, yellow - legged frog, California red - legged frog, western pond turtle, steelhead,
yellow- breasted chat, and /or yellow warbler, construction related activities shall be
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conducted outside of the rainy season. The project proponent shall retain a qualified biologist
to monitor construction activities occurring within 100 feet of the Uvas Creek riparian
corridor. If any special status species are observed at the site, a qualified biologist shall
salvage and relocate individual(s) to an appropriate area outside of the construction zone. If
California red - legged frog, a federally threatened species, or California tiger salamander, a
federally and state - listed threatened species, are observed at the site, construction activities
shall be halted and the USFWS and /or California Department of Fish and Wildlife shall be
contacted for further assistance HPSP Policy 5 -43). Substantiation of compliance with this
condition shall be submitted to and approved by the Planning Division prior to issuance of a
grading permit.
12. Pre - construction surveys for protected birds shall be conducted for improvements or
development proposed in or adjacent to potential nesting habitat ( i. e., riparian woodland) if
development is proposed during the nesting and /or breeding season of loggerhead shrike
(generally February through June) or raptors (generally March through August). If any active
nests are found within survey area, at the discretion of the biologist, clearing and construction
within 250 feet shall be postponed or halted until nests are vacated and juveniles have
fledged and there is no evidence of a second attempt at nesting ( HPSP Policy 5 -44).
Substantiation of compliance with this condition shall be submitted to and approved by the
Planning Division prior to issuance of a grading permit.
13. Prior to issuance of a grading permit, a Phase 1 Environmental Site Assessment shall be
prepared in accordance with ASTM Standard(s) to identify whether past or existing uses of
the project property may have adversely affected soil or groundwater, or would otherwise
pose a health hazard during site development or habitation. If the Phase I assessment finds
that past uses may have contaminated the site, a Phase 2 Site Assessment shall be prepared. If
contamination is present, clean up and disposal of such contamination shall be in compliance
with federal, state and local regulations governing the cleanup and disposal of hazardous
waste. Results of the Phase 1 and, if needed, the Phase 2 assessment and cleanup shall be
presented to and approved by the City of Gilroy Engineering Division prior to issuance of a
Building Permit. (Mitigation Monitoring Program)
14. To ensure the preservation of designated agricultural areas in perpetuity, permanent
agricultural easements, deed restrictions or other such instruments in favor of the City shall
be created for the agricultural parcel at the earlier of (a) prior to or concurrent with the first
discretionary approval for projects for which no map is required, or (b) prior to or concurrent
with final map and/or parcel map approvals that include the agricultural parcel. In this
instance, the tentative map shall have this requirement as a condition of its approval, and that
map shall generally describe the area to be restricted (HPSP Policy 5 -7). (Mitigation
Monitoring Program)
15. To ensure the creation of the Uvas Creek Linear Park and Uvas Creek Park Preserve,
irrevocable offers of dedication to the City of Gilroy shall be required and obtained from
property owners of land within the Hecker Pass Specific Plan Area that lies within the Linear
Park or Park Preserve prior to the earlier of (a) prior to or concurrent with the first
discretionary approval for projects for which no map is required; or (b) prior to or concurrent
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with final and /or parcel map approvals. In this instance, the tentative map shall have this
requirement as a condition of its approval (HPSP Policy 3 -8).
16. To ensure the preservation of designated open space areas in perpetuity, permanent open
space easements, deed restrictions, or other such instruments shall be created for each
property in each open space area at the earlier of (a) prior to or concurrent with the first
discretionary approval for projects for which no map is required; or (b) prior to or concurrent
with final map and /or parcel map approvals. In this instance, the tentative map shall have
this requirement as a condition of its approval, and that map shall generally describe the area
to be restricted (HPSP Policy 5 -20).
17. An Integrated Agricultural Management Plan shall be prepared for the agricultural parcel.
That Management Plan shall include the identification of appropriate times and uses of farm
machinery, the suitable methods for weed abatement, pest control, fertilization and erosion
control and all other agricultural management policies set forth in the Hecker Pass Specific
Plan. The Management Plan shall be recorded against the agricultural parcel and require the
property owner to disclose these policies to all potential lessees prior to lease agreement.
Said Plan shall be submitted to and approved by the Planning Division prior to recordation of
the final subdivision map. (HPSP Policies 5 — 6 & 10).
18. Prior to issuance of any building permits for the subdivision, the applicant shall enter into an
agreement with the City for the replacement of the eight significant trees that are to be
removed. The agreement shall specify that replacement trees shall be provided at a ratio of 4
to 1. The species and location of the replacement trees is to be to the approval of the City.
19. The protected zone of any tree or group of trees to be retained shall be fenced to prevent
injury to the trees during construction. Said fencing shall be done under the supervision of a
certified arborist (HPSP Policy 7 -9). In addition, all conditions contained in the Tree Survey
and Arborist Report for the Hecker Pass Enclave Site prepared by Live Oak Associates and
dated September 23, 2013 shall be incorporated into project plans. Demonstration of
compliance with this condition shall be submitted to and approved by the Planning Division
prior to issuance of a grading permit for the subdivision.
20. Prior to the issuance of a grading permit for the subdivision, detailed plans illustrating the
means for preserving trees 16, 17, 18 and 19 (identified in the Tree Survey and Arborist
Report for the Hecker Pass Enclave Site prepared by Live Oak Associates and dated
September 23), shall be submitted to and approved by the Planning Division. Said plans
shall also be approved by a certified arborist.
21. The applicant shall contract with an arborist to evaluate the trees along the project frontage in
the Caltrans right -of -way and provide recommendations for pruning and maintenance. The
report shall be submitted to the Planning Department prior to approval of the final map and
any recommendations for pruning shall be implemented prior to issuance of building permits
for any of the homes in the subdivision. An encroachment permit from Caltrans will be
required for any work within the right -of -way.
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22. The project applicant shall specify in project plans the implementation of the following dust
control measures during grading and construction activities for any proposed development.
The measures shall be implemented as necessary to adequately control dust, subject to the
review and approval by the City of Gilroy Planning Division prior to issuance of a grading
permit for the subdivision:
a. Water all active construction areas at least twice daily;
b. Cover all trucks hauling soil, sand, and other loose materials or require all trucks to
maintain at least two feet of freeboard;
c. Pave, apply water three times daily, or apply (non- toxic) soil stabilizers on all
unpaved access roads, parking areas and staging areas at construction sites;
d. Sweep daily (with water sweepers) all paved access roads, parking areas and staging
areas at construction sites;
e. Sweep streets daily (with water sweepers) if visible soil material is carried onto
adjacent public streets;
f. Hydroseed or apply (non- toxic) soil stabilizers to inactive construction areas
previously graded areas inactive for ten days or more);
g. Enclose, cover, water twice daily or apply (non- toxic) soil binders to exposed
stockpiles (dirt, sand, etc.);
h. Limit traffic speeds on unpaved roads to 15 mph;
i. Install sandbags or other erosion control measures to prevent silt runoff to public
roadways;
j. Replant vegetation in disturbed areas;
k. Place a minimum of 100 linear feet of 6 to 8 inch average diameter cobble at all exit
points to dislodge and trap dirt from vehicle tires;
I. Suspend excavation and grading activity when winds (instantaneous gusts) exceed 25
miles per hour; and
1. Limit the area subject to excavation, grading and other construction activity at any
one time. (Mitigation Monitoring Program)
23. All noise generating construction activities shall be limited to weekdays between 7: 00 AM
and 7:00 PM and to Saturdays between 9:00 AM and 7: 00 PM. No construction is allowed
on Sundays or city holidays. In addition, temporary berms or noise attenuation barriers shall
be utilized when necessary. This requirement shall be attached as a contractor work
specification for all projects. (Mitigation Monitoring Program)
24. Street lights on Grassland Way in the vicinity of the Uvas Creek Linear Park shall be
designed to direct lighting away from the nearby riparian habitat. (HPSP Policy 5 -39)
25. Placement of mailbox structures within the subdivision shall comply with U.S. Postal Service
requirements and shall be subject to the review and approval by the Postal Service and the
City Public Works and Community Development Departments. Approval shall be required
prior to recordation of the final subdivision map. If modifications to the Architectural and
Site Review and/or Tentative Maps are required, the applicant shall apply for modification to
those permits.
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26. Prior to recordation of the final map, plans shall be submitted to and approved by the Public
Works and Community Development Departments indicating the material to be used for
retaining walls in the project.
27. Prior to recordation of the final map, revised plans for the Class I trails through the project
shall be submitted to and approved by the Public Works and Community Development
Departments that include a second pedestrian/bicycle connection between Grassland Way
and the Uvas Creek Trail.
28. The Conditions, Covenants and Restrictions and homeowners association bylaws for the
subdivision shall be submitted to and approved by the Public Works, Community
Development and Fire Departments prior to recordation of the Final Map. The CC &Rs and
By -Laws shall include, but not be limited to, a statement that the private streets within the
subdivision are to remain open and un -gated unless and until modification to street
configuration at the entrances to the subdivision is approved by the City Planning
Commission and installed by the homeowners association.
29. The developer shall disclose to every future homebuyer that the Uvas Creek Park
Preserve located south of this site will be developed with a trail that is open to the
public. Proposed language for the disclosure shall be submitted to and approved by the
Planning Division prior to issuance of any building permits for the subdivision.
30. The developer shall disclose to every future homebuyer that active farming will occur on the
agricultural lands within the Hecker Pass Specific Plan area. That disclosure shall include,
but not be limited to, the Integrated Agricultural Management Plan developed for the
adjacent agricultural property. Proposed language for the right -to -farm disclosure shall be
submitted to and approved by the Planning Division prior to issuance of any building permits
for the subdivision. (HPSP Policy 5 -9 & 11)
PUBLIC WORKS DEPARTMENT CONDITIONS
31. All work is to be done in compliance with the City of Gilroy Specifications Standards and
Design Criteria, Hecker Pass Special Plan, Hecker Pass Development Agreement and Hecker
Pass Specific Use District and is subject to all laws of this community by reference. Street
improvements and the design of all storm drainage, sewer and water lines, and all street
sections shall be in accordance with City Standards and Hecker Pass Specific Plan, Hecker
Pass Development Agreement and Hecker Pass Special Use District, Hecker Pass Backbone
Plans and shall follow the most current City Master plan for streets and each utility.
32. Until such time as the Improvements are accepted by City, Developer shall be responsible for
and bear the risk of loss to any of the Improvements constructed or installed.
33. Until such time as all improvements required are fully completed and accepted by City,
Developer will be responsible for the care maintenance of, and any damage to such
improvements. City shall not, nor shall any officer or employee thereof, be liable or
responsible for any accident, loss or damage, regardless of cause, happening or occurring to
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the work or Improvements specified in this Agreement prior to the completion and
acceptance of the work or Improvements. All such risks shall be the responsibility of and are
hereby assumed by the Developer.
34. Utility Undergrounding (per the Development Agreement, Exhibit F, Section B, Subsection
c, Utility Undergrounding).
a. All new utilities will be placed underground.
b. The existing PG &E overhead main line on the north side of Hecker Pass Highway
for the Church Property to the bridge at Uvas Creek will be replaced with an
underground line routed through the Subject Property, as shown in Exhibit F -2.
Installation of this new underground line from the Church Property to the existing
overhead crossing at the Bank/ Raleys Property frontage approximately one thousand
four hundred (l, 400) feet east of the eastern edge of the Uvas Creek bridge (the
"West PG &E Crossing ") will begin during Phase 1 of the Project, and will be
completed as part of construction of the West Intersection. The remaining segment
between the West PG &E Crossing and the Uvas Creek bridge will be constructed as
described in subsection (v) below.
c. A new underground line also will be installed along the south side of Hecker Pass
Highway between the Church Property and Santa Teresa Boulevard, with the cost for
this segment reimbursed by the City. Overhead service entrances for existing uses
abutting Hecker Pass Highway will remain overhead until such time the uses
redevelop.
d. The existing overhead line along the north side of Hecker Pass Highway between
Santa Teresa Boulevard and the West PG &E Crossing will be removed by Applicant
once the new underground line described in subsections (ii) and (iii) above is
completed. The existing overhead line between the West PG &E Crossing and the
Uvas Creek bridge will be removed by Caltrans or Applicant once the new
underground line described in subsection (v) below is completed.
e. The overhead line from the West PG &E Crossing west to the edge of the Specific
Plan Area is within the scope and geographic limits of the Caltrans bridge project on
Hecker Pass Highway and is expected to be handled by Caltrans as part of its design
and construction process. Applicant will design and install its undergrounding to
ensure there is no gap between the Caltrans current design for undergrounding
eastward from the bridge and Applicant's installation of underground line up to the
West PG &E Crossing, unless required by PG &E or another controlling agency or
entity; provided Applicant shall not be responsible for extending undergrounding
beyond the West PG &E Crossing if Caltrans fails to complete its own
undergrounding as currently designed.
35. Prior to recordation of the Final Map, the detention facilities including but not limited to
drainage swales, channels, bio- basins, sediment basins and storm drain systems shall be
designed in a manner as to allow for future expansion of facilities as outlined and/or
indicated by the Hecker Pass Illustrative Infrastructure Master plan, Detention Basin Plan,
Preliminary Backbone Infrastructure Master plan and/or the Development Agreement. The
storm drain detention basin is to be designed and construction is to be natural in appearance.
Design is to be reviewed and approved by the City of Gilroy's Public Works Department.
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36. As part of the first submittal for Final Map, the Developer shall submit vector based
electronic files readable by AutoCAD and in PDF format. Additionally, after the Final Map
and Improvement Plans have been found to be technically correct and in substantial
conformance with the Tentative Map, the Developer shall again submit vector based
electronic files readable by AutoCAD and in PDF format
37. Prior to Final Map approval, the Developer shall submit an estimate of the probable cost of
improvements, pay all plan check and inspection fees, enter into a property improvement
agreement, and provide payment and performance bonds.
38. A duplicate conformed Mylar copy of the Final Map shall be provided to the City along with
an electronic copy.
39. A SWPPP and an Erosion Control Plan shall be required and shall be filed with the City.
WDID# shall be provided prior to Improvement Plan / Final Map approval.
40. A Final Map with all required dedications shall be filed with the Santa Clara County
Recorder's Office with a copy transmitted to the City.
41. All storm drain run -off (with the exception of that runoff coming from outside the Specific
Plan area or from existing improvements with the Specific Plan area) must be pre- treated
prior to entrance into public storm drain system. Pre - treatment measures must be reviewed
and approved by the Engineering Division prior to Final Map and/or Improvement Plan
approval.
42. All individual development proposals shall consult with the Valley Transportation
Authority to determine whether provisions for future stops or services are required. All bus
stops shall meet all current VTA requirements and standards for bus stops (HPSP Policy 4 -
17).
43. All future developments shall pay school impact fees required by Gilroy Unified School
District to mitigate impacts on the public school system (HPSP Policy 6 -6).
44. Improvement Plans and Plot Plans shall clearly identify those lots requiring a pump or
pressure reducer. Improvement Plans shall also identify the water pressure zone for each lot
and distribution system water pipe.
45. The Developer shall annex the project into the Citywide Landscape Maintenance Community
Facilities District (CFD) for the maintenance of the linear park area. The Developer shall
annex the project prior to Final Map approval.
46. If access to adjacent property will be necessary to construct proposed improvements then a
letter granting access will be required prior to Final Map approval.
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47. Improvement plans are required for all on -site and off -site improvements. Prior to Final Map
approval and approval of the Improvement Plans, the following items will need to be
completed:
a. The Developer shall provide joint trench composite plans for the underground
electrical, gas, telephone, cable television, and communication conduits and cables
including the size, location and details of all trenches, locations of building utility
service stubs and meters and placements or arrangements of junction structures as a
part of the Improvement Plan submittals for the project. A licensed Civil or Electrical
Engineer shall sign the composite drawings and/or utility improvement plans. (All
dry utilities shall be placed underground.)
b. The Developer shall negotiate right -of -way with Pacific Gas and Electric and other
utilities subject to the review and approval by the Engineering Division and the utility
companies.
c. "Will Serve Letters" from each utility company for the subdivision shall be supplied
to the City.
d. The City will collect the plan check and inspection fee for the utility underground
work.
48. Project is subject to post - construction water quality requirements per RWQCB.
49. Storm drain treatment shall be in conformance with Section 27D of the Municipal Code.
50. All lots shall drain to the street for storm drainage unless otherwise approved by the City
Engineer.
51. Storm water detention shall be designed to prevent an increase in the 2 -year, 10 -year and
100 -year peak discharge for the project area. (HPSP 8 -6) (Mitigation Monitoring Program)
52. All proposed outfalls shall be designed to meet all state water quality standards and shall
obtain permits from all required resource agencies (HPSP Policy 5 -35).
53. Storm and sewer lines in private streets shall be privately maintained unless approved by the
City Engineer in writing.
54. All mainline storm drain piping shall have a minimum diameter of 18 inches and the lateral
connections shall have a minim diameter of 15 inches.
55. Any work in the public right -of -way shall require a traffic control plan prepared by a
licensed, professional engineer with experience in preparing such plans. Traffic Control Plan
shall be prepared in accordance with the requirements of the latest edition of the California
Manual on Uniform Traffic Control Devices. The Traffic Control Plan shall be included the
Architectural and Site Plans/Improvement Plans.
56. Prior to any construction of the dry utilities in the field, the following will need to be
supplied to the City:
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a. A professional engineer - signed and PG&E- approved original electric plan.
b. A letter from the design Electrical or Civil Engineer that states the electrical plan
conforms to City Codes and Standards, and to the approved subdivision improvement
plans.
57. Submit a Hazardous Material clearance for any underground tank removal from the
appropriate agency.
58. Within 30 days of the tentative map approval, the Developer shall submit an 8-1/2 X 11 -inch
site plan to the Engineering Division to assign addressing which shows the following: tract
name and number, lot number, street names, property lines, right -of -way lines, north arrow
and curb cuts for driveway.
59. The project is subject to the City's Street Tree, Storm, Sewer, Water, Traffic, and Public
Facilities Development Impact Fees. Payment of Street Tree and Storm Development Impact
Fees is required prior to approval of the Final Map. Sewer, Water, Traffic, and Public
Facilities Development Impact Fees are due at time of building permit.
60. Sanitary sewer laterals and/or water meters located in driveways shall have traffic rated
boxes and lids.
61. Water services shall be 1.5" minimum with 1" meter. Service /meter shall be upsized if
necessary water pressure is not met.
62. Work in Caltrans' right -of -way requires an Encroachment Permit issued by Caltrans. A copy
of that Permit shall be provided to the City Engineer prior to commencement of that work.
63. Wireless service shall be provided per Hecker Pass Specific Plan Development Agreement.
64. The lowest floor shall be at least 1 foot higher than the base flood elevation, or 1 foot above
the nearest high point in the drainage release path, or 2 feet higher than lowest top of curb,
whichever is highest.
65. All existing overhead lines located on the West side of the property near Uvas Creek and
Hecker Pass Highway, shall be placed underground as part of this project per Article V,
Section 21 of the Municipal Code prior the first building permit application.
66. Certification of improvements on the site plans are required prior to Building Permit - final
(add to general notes on Title Sheet of Plans).
67. Final streetlight locations shall be to the satisfaction of the City Traffic Engineer.
68. Site preparation and fill construction shall be conducted under the observation of, and tested
by, a licensed soils or geotechnical engineer. A report shall be filed with the City of Gilroy
stating that all site preparation and fill construction meets the requirements of the
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geotechnical investigation. This shall be subject to review and approval by the Engineering
Division.
69. The City shall be notified at least two (2) working days prior to the start of any construction
work and at that time the contractor shall provide a project schedule and a 24 -hour
emergency telephone number list.
70. Certification of fire flow test for each zone is required prior to final permit, the highest
elevation is to be tested (Add to general notes on Plan Title sheet). Fire flow for the project
shall be modeled for a minimum of 2,500 gpm for commercial fire flow and 1,500 gpm for
residential fire flow. Street Hydrants shall be placed every 300 feet and within 150 feet of
any building. Off -site improvement plan shall provide Fire Hydrant per the City Standard.
Hydrants shall be installed prior to commencement of construction with combustible
materials.
71. Grading shall be as shown on the approved Tentative Map such that it does not create any
adverse impacts to neighboring properties.
72. A current Title Report shall be submitted for review to the City at time of Building Permit
application.
73. All work shown on the improvement plans shall be inspected. Uninspected work shall be
removed as deemed appropriate by the City Engineer.
74. Backbone infrastructure is to be completed by applicant per these conditions and shall be
constructed and operational for the safe staging and construction of the homes prior to
issuance of Building Permits as approved by the Public Works Director /City Engineer.
75. Certification is required by the design engineer of the design and construction for all
retaining walls shown on the improvement plans prior to final acceptance of the subdivision.
76. The Developer shall coordinate with the City Engineer to provide a stub -out connection
between the Uvas Creek Bike Path and a bicycle and pedestrian bridge over the Uvas Creek
Channel at a location determined by the City Engineer. The stub -out for the future bridge
would extend no more than 25' past the edge of the Uvas Creek Bike Path.
77. A minimum of one exterior monument shall be set. Additional monuments can be required
by the City Engineer or City Surveyor as deemed necessary.
78. Location of monuments shall be tied out prior to work. Any City monuments damaged,
displaced or destroyed shall be replaced at the developer's sole expense.
79. At least one week prior to commencement of work, the Developer shall post the site and mail
to owners of property within (300') three hundred feet of the exterior boundary of the project
site, to the homeowner associations of nearby residential projects and to the Engineering
Department, a notice that construction work will commence on or around the stated date. The
notice shall include a list of contact persons with name, title, phone number and area of
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responsibility. The person responsible for maintaining the list shall be included. The list shall
be current at all times and shall consist of persons with authority to initiate corrective action
in their area of responsibility. The names of individuals responsible for dust, noise and litter
control shall be expressly identified in the notice.
80. The Developer shall install a recycled water pipeline in the locations shown on the tentative
map. All oversizing above the 12 ", if any, shall be reimbursed by the SCVWD under a
separate reimbursement agreement.
81. The Developer shall use recycled water for construction. The Developer also shall
incorporate the use of recycled water for maintenance of the Linear Park and Private
Landscape.
82. Developer shall create a construction staging plan that addresses the ingress and egress
location for all construction vehicles, parking and material storage area. This plan shall be
subject to review and approval by the Engineering Department prior to the issuance of a
grading permit.
83. The Developer shall provide security fencing, to the satisfaction of the City Engineer around
the site during construction of the project.
84. All stationary noise - generating equipment shall be located as far away from existing
residences as feasible. The location of such equipment shall be submitted to and approved by
the City Engineer prior to its placement.
85. Concurrent with the recordation of the final map, the applicant shall provide dedication of the
land necessary for the following improvements to the satisfaction of the City Engineer:
a. The easterly extension of Grassland Way from the proposed subdivision to its
intersection with Third Street.
A
b. The easterly extension of the Uvas Creek Class I trail from the proposed subdivision
to the westerly termination of the trail being constructed as part of the Meritage
subdivision in the East Cluster, and
c. The easterly extension of Lone Oak Lane from the proposed subdivision to its
intersection with Autumn Drive.
d. The easterly extension of the Hecker Pass Class I trail from the proposed subdivision
to Autumn Drive.
86. Prior to recordation of the final map, the applicant shall secure, to the satisfaction of the City
Engineer and Fire Chief, an easement over Two Oaks Lane between Lone Oaks Lane and
Hwy. 152 to allow for emergency vehicle access from the subdivision to Hwy. 152.
87. Prior to Building Division final of the 30th home in the subdivision, emergency access to the
subdivision via Two Oaks Lane and Lone Oak Lane shall be operational and to the
satisfaction of the City Engineer and Fire Chief.
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88. Improvement plans for the subdivision shall include, but not be limited to, the following off -
site improvements:
a. Full street improvements for the extension of Grassland Way to Third St.
b. Full trail improvements for the extension of the Hecker Pass Class I trail to Autumn
Drive.
89. The extension of Grassland Way from the subdivision to Third St. shall be completed to the
satisfaction of the City Engineer prior to occupancy of the first house in the proposed
subdivision.
90. Lot G of the tentative map shall be dedicated to the City for creation of the Linear Park.
91. The Developer shall provide necessary funding for a Class I bike path and linear park along
the north side of Uvas Creek between the new 3rd Street roundabout and the northwesterly
side of the project to connect with the Hecker Pass Class 1 bike trial and Hwy. 152. The
Developer shall rough grade and install the bike path aggregate base and the City will install
the final paving.
92. The Developer shall provide 12" water service on Grassland Way and "A" Street and a 10"
water line on Street "C"
93. The Developer /Contractor shall make accessible any or all City utilities as directed by the
City Engineer.
94. A note shall be placed on the plans which states that the composite plan agrees with City
Codes and Standards and that no underground utility conflict exists.
95. As a condition of recordation of the final map and after City approval of the final map, the
applicant shall pay their portion of the total $2 million Public Benefit Fee per the
Development Agreement.
96. Applicants for projects within the Specific Plan area shall be responsible for improving
Hecker Pass Highway immediately west of Santa Teresa Boulevard to include a second
westbound travel lane. The second westbound travel lane on Hecker Pass Highway, and the
appropriate lane -drop taper consistent with Caltrans' Standards, should extend as far as
possible beyond (west of) Santa Teresa Boulevard as can be accommodated within the
existing public right -of -way, with the design subject to approval by the City Engineer in his
/her reasonable discretion. Applicants shall coordinate with the City of Gilroy Engineering
Division to design and implement the widening project. Removal of deodar cedar trees along
the highway must be avoided wherever possible and improvements must be consistent with
State scenic highway guidelines. Traffic signal modifications should be made to the
intersection of Santa Teresa Boulevard and First Street/Hecker Pass Highway to add vehicle
detection for the second eastbound through lane. (Mitigation Monitoring Program)
97. Applicants for projects within the Specific Plan area shall be responsible for shoulder
improvements to Hecker Pass Highway, per Caltrans' standards, between Santa Teresa
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Boulevard and the easterly limits of the planned Caltrans Uvas Creek Bridge Improvement
project. Applicants shall coordinate with the City of Gilroy Engineering Division to design
and implement the shoulder improvements. Removal of deodar cedar trees along the highway
must be avoided wherever possible and improvements must be consistent with State scenic
highway guidelines. (Specific Plan Policies and Mitigation Monitoring Program)
98. Prior to issuance of the 75th residential building permit for the Hecker Pass Specific Plan
Area (HPSPA), the intersection of Hecker Pass Highway and Autumn Drive, together with
the necessary acceleration and deceleration lanes along the Highway, travel lanes, turn lanes
and roundabouts (together, the "West Intersection ") will be built and operational, per the
Development Agreement, Exhibit F B 1 (a) (ii). Should Caltrans approval of this intersection
be delayed, the Developer may use Lone Oak Lane and Two Oak Lane after issuance of the
75th residential building permit within the Hecker Pass Special Plan Area mas approved by
the Public Works Director /City Engineer.
99. Prior to issuance of the 75th residential building permit for the HPSPA, the portions of
Hecker Pass Highway outside the intersection will be improved concurrently with the "West
Intersection ".
POLICE DEPARTMENT CONDITIONS - none
FIRE DEPARTMENT CONDITIONS
100. Prior to recordation of the final map, emergency vehicle access to the subdivision via
Lone Oak Lane and Two Oaks Lane shall be secured to the approval of the City Engineer
and Fire Chief. Prior to Building Division final of the first home in the subdivision, said
access shall be operational.
101. Fire Hydrants shall be able to flow 1500 gpm with a 20 psi residual pressure. Street
Hydrants shall be spaced every 300 ft., and within 150 ft. of any building. Off -site
improvement plan shall provide Fire Hydrants per the City Standard. Hydrants shall be
installed prior to commencement of construction with combustible materials.
102. All homes shall be provided with water laterals and meters sized to allow for a residential
NFPA 13d fire sprinkler system. At a minimum the offsite improvement plan shall provide
1.5 inch water laterals and 1" meters sized to allow for a residential NFPA 13d fire sprinkler
system. A fire flow test shall be obtained from the Fire Marshal for the purpose of Fire
Sprinkler design.
103. Roadways shall provide a minimum 20 feet of unobstructed travel. Turning radius shall
not be less than 32' inside and 39'. Fire Apparatus shall not be required to cross to the
opposite side of a street as part of a turn on that street or onto another street.
104. Where parking is restricted, curbs shall be painted red with the stencil FIRE LANE every
25 feet, or every 75 feet No Parking - Fire Lane signs shall be installed per MUTCD
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standard. Include curbing and/or signage details in the Off -Site improvement plans. Private
roadway striping and/or signage shall be enforced and maintained by the HOA.
105. Addresses shall be assigned by the Engineering Division prior to improvement plan and
building permit submittal. Street signage shall be installed prior to any on -site improvements
(foundations or buildings) has begun.
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I, SHAWNA FREELS, City Clerk of the City of Gilroy, do hereby certify that the
attached Resolution No. 2014 -35 is an original resolution, or true and correct copy of a city
resolution, duly adopted by the Council of the City of Gilroy at a regular meeting of said Council
held on the 1St day of July, 2014, at which meeting a quorum was present.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed the Official Seal of
the City of Gilroy this 1St day of July, 2014.
r
Sh'awna 1~ reels, MMC
City Clerk of the City of Gilroy
(Seal)